(a) Service boundary. The utility may supply all communication service(s) within the corporate limits of the city. Subject to Article XVIII of the Ohio Constitution and the City Charter, the utility may extend service to customers outside the corporate limits of the city.
(b) Application for service.
(1) A copy of the schedules and standard terms and conditions under which service is rendered to customers will be furnished upon request at the utility office. The utility, in its sole discretion, shall determine which schedule is applicable to serve customers. Once an application for service is approved, service will be commenced and a copy of the service agreement will be furnished to the customer upon request. If a customer desires delivery of telecommunications service at more than one point, a separate agreement shall be required for each separate point of delivery. Service delivered at each point of delivery shall be billed separately under the applicable schedule.
(2) The customer (or landlord/customer), after making proper application for service, shall notify the utility when the customer desires service to be established. Service shall be turned on, upon the date specified, by an authorized agent of the utility if beginning service on such date is possible and practicable for the utility.
(3) When landlord/customer files an application for service on the behalf of tenant(s), the tenant(s) name(s) shall be included on the application.
(c) Service not transferrable. No person may commence use of service until after making application for service and a service agreement is provided to the person in accordance with division (b)(2) of this section. Any successor in interest to a customer, including, without limitation, heirs, executors, administrators, assignees, trustees, guardians, receivers and conservators, shall be deemed to be a person who must make application for service; provided that any successor in interest whose rights arise from death or incompetence of the customer shall have 30 days in which to make application.
(d) Customer indebted to utility. Service will not be supplied to any premises, if at the time of application for service, the applicant is indebted to the utility for service previously supplied at the same time or other premises, until payment of the indebtedness or other arrangement satisfactory to the utility shall have been made. Unpaid balances of previously rendered final bills shall be transferred and included on the initial or subsequent bill for a like service account. Such transferred final bills, if unpaid, will be part of the past due balance of the transferred account and subject to the utility's collections and disconnection procedures. The transfer of final bills is limited to like service, i.e., residential to residential, commercial to commercial. The utility may not transfer a delinquent customer service account to any account where any end user is a residential service customer.
(e) Continuity of service.
(1) The utility will make all reasonable efforts to furnish necessary and adequate service and facilities. The city or utility shall not be liable in damages for failure to supply internet or for interruptions in service, and shall be relieved of its obligation to serve and may discontinue or modify service, if the failure or interruption is due to natural disasters or the public enemy, military actions, wars, insurrections, riots, civil disturbances, vandalism, strikes, fires, floods, washouts, explosions, acts or orders of any civil, judicial or military authorities, and without limitation by the foregoing accidents, contingencies or other causes beyond the control of the utility or city.
(2) Without incurring any liability therefore, the utility may also suspend service for such periods as may be reasonably necessary in order to make repairs to or changes in its facilities or other property; provided that the utility shall keep a record of any interruption of service affecting its entire system, or a major division thereof, including a statement of time, duration and cause of interruption. It will also notify customers affected by the interruption in advance of the contemplated work, and approximately how long the interruption will last by any means the utility or city deems sufficient.
(3) Unless otherwise provided within this chapter, the utility shall not discontinue service to any customer without giving the customer reasonable notice. The notice shall be delivered either personally or telephonically when possible and practical. In circumstances, however caused, when time does not permit the giving of the notice in advance of a discontinuance of service or a change in service caused by circumstances beyond the control of the utility, reasonable notice shall be given whenever possible and practical to all customers affected advising them that service is off and of the time at which service is expected to be restored.
(f) Customer's liability. In the event of loss of or damage/injury to the property of the utility due to actions or omissions of the customer or agents, the cost of the necessary repairs or replacement thereof shall be paid to the utility by the customer. No one except the agents of the utility shall be allowed to make any internal or external adjustments to any equipment or other piece of apparatus which shall be the property of the utility.
(g) No customer shall sell to another. Service furnished by the utility is for the sole use of the customer and shall not be resold by the customer except on written permission obtained from the utility. The renting of premises with the cost of service included in the rental as an incidence will not be considered a resale of the services.
(h) Reasonable access to premises. Neither the utility nor its agents or employees shall enter into the interior of any structure on the premises of a customer without the express permission of the customer except in cases of emergency. Any agent or employee seeking entrance into or upon the premises of a customer shall have and show symbols of identification. Any agent or employee seeking entrance to the interior of any structure on the premises shall advise the owner or occupant as to his or her purpose in doing so. Except in cases of emergency, no customer shall be obligated to afford entrance or access to his or her premises except during normal business hours and then only to those parts of the premises as may be the location of utility-owned property.
(i) Right-of-way. The customer, without reimbursement, will make or procure conveyance to the utility of right-of-way or right- of-entry and installed lines satisfactory to the utility to permit the utility to cross property between the utility's lines and the customer's property at the location where service is to be furnished, including property owned or controlled by the customer for the utility's distribution lines, extensions thereof or appurtenances necessary or incidental to the supplying of service to the customer.
(j) Network Access Policy Statement and Internet Acceptable Use Policy. The Director of Public Service or his or her designee shall implement a Network Access Policy Statement and Internet Acceptable Use Policy that shall be provided to customers with the service agreement after the application for service is accepted by the utility. A prospective customer must agree to abide by the terms and conditions of the Network Access Policy Statement and Internet Acceptable Use Policy before the utility will provide internet service to the customer.
(Ord. 29-2019, passed 10-21-2019)